Fdcpa ?

10/98 Hubby and I moved, we immediately had our mail forwarded. We shut off phone lights etc. We received phone bill but never the light bill, I wasn't sure if we were paid in full because of our billing cycle. Anyway, 5/99 I pulled hubbys report and found out we apparently weren't paid in full. I called the CA collecting on it and asked for an address and sent out a payment. They cashed it 6/4/99.
We never received a letter from them stating they were collecting it (you know that you have 30 days blah blah letter). But they threw it on the report (only his report). I have disputed EVERY month since 6/99 and verified EVERYTIME ($138 bill sheesh). Is there some law on this in the FDCPA? Plus I paid the bill (not hubby) and when I called my name wasn't on the debt. I've nailed them in 2 violations for another ALREADY paid bill and I'm whipping up a nice letter, but I want to get both of these accts. removed with 1 letter.
If anyone has a section # it would be GREATLY appreciated!!!!
KHM

 

Think I found it, can you guys read my letter and tell me what you think?


RE: account number xx & xxx

Mr. Scumbag bill Collector,
I am writing this letter in regards to two debts already paid in full to your company. After taking the time to learn about my rights under the FDCPA, as well as speaking to my attorney, it has come to my attention that NH/Northeast Credit Services aka Data Division has violated my rights.
Under § 808. Unfair practices [15 USC 1692f] it states: (regarding acct #xx)
(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.
On August 15th 2001 my wife contacted your office to set up payment arrangements. The payments were $162.50 to be deposited to our bank on the 18th of August, Spetember, October, and November 2001, totaling $650. This arrangement was set up during this one phone call, with my wife. Never did we receive any notice of intent to deposit any of these postdated checks.

Under § 805. Communication in connection with debt collection [15 USC 1692c] it statesregarding acct # xx)
(b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
The only communication that was done by your company regarding this debt was with my wife. I did not give you written or verbal permission to speak with her rgarding this debt.
§ 809. Validation of debts [15 USC 1692g] it states: (regarding acct #xxx)
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
I was never given the oppourtunity to dispute any portion of this debt. When I moved from my previous address, on 10/31/98, I immediately filled out a forwarding address form with the US Postal Service, on 11/1/98. Therefore, I believe it is safe to assume that no notice of this debt was ever sent.
To avoid any possible legal action, for violations of the FDCPA, I am giving you 10 days from the receipt of this letter (sent Cretified Return Receipt) to respond with signed written notice that you will be removing this debt from my credit reports Trans Union, Equifax and Experian. Failure to respond withing 10 days, I will begin my small claims lawsuit suing for the total of $5000 for:
1.Defamation of character
2.Violations of the FDCPA
May I also remind you that you can be sued for punitive damages as well as court costs. I hope this can be resolved without going to such drastic measures. I look forward to your timely response.
Sincerely,
MR KHM


PS BOTH of these debts are PIF.

 

I don't want to send this letter out if I am way off base. Anyone?
KHM